Rtd

E

eddie_240

Registered Users (C)
I will be applying for my RTD this will be the first time. I have a few questions that I need help with.

1. I arrived the US legally and then became out of status for almost for 1 year as I was in removal procedings. But was granted asylum now do I apply for RTD or AP as I was out status for 180 days.

2. Can I submit grant of asylum letter issued by the judge as proof of asylee status instead of a I-94.

Please advise thanks

Ed
 
If I was you, I will not venture outside of US, here is a quote from USCIS:
http://uscis.gov/graphics/services/emergency/index.htm


Caution

Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status, extending their nonimmigrant stay, or changing their nonimmigrant status. Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the U.S.

Admission into the U.S. is not guaranteed. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.
Unlawful Presence
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods may be barred from admission, even if they have obtained Advance Parole. Those aliens unlawfully present in the United States for more than 180 days but less than one year and depart voluntarily before the start of removal proceedings are inadmissible for three years; those who are unlawfully present for one year or more are inadmissible for ten years.

Aliens who have concerns about admissibility should contact an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals before making foreign travel plans.
 
I have the same story.
Got RTD, have approved visa already, but still not sure if I will be allowed to re-enter the country.
I got my asylum in Board of Immigration Appeals 3 years after immigration judge denied my asylum application. I was granted voluntary departure but stayed in US for a long time without SSS and employment authorization.
I need to travel badly(not in my home country). What are my chances for successful come back after my travel? What do you guys think? I am willing to take a risk even if my chances are fifty-fifty.

Thanks.
 
eddie_240 said:
I will be applying for my RTD this will be the first time. I have a few questions that I need help with.

1. I arrived the US legally and then became out of status for almost for 1 year as I was in removal procedings. But was granted asylum now do I apply for RTD or AP as I was out status for 180 days.

2. Can I submit grant of asylum letter issued by the judge as proof of asylee status instead of a I-94.

Please advise thanks

Ed
Click to expand...

You DO need to submit grant of asylum letter when you apply for RTD. Even the new I-94 should have "indefinite" stamped on it..but dont send that. You will be fine in my opinion
 
Hello, for asyles the ( 180 days ) Unlawful Presence law doesn't apply, please check this

http://uscis.gov/lpBin/lpext.dll/in...?f=templates&fn=document-frame.htm#slb-act212

PLEASE SEE:

B) 13 A LIENS UNLAWFULLY PRESENT

(iii) Exceptions

(II) Asylees



amtbooks said:
If I was you, I will not venture outside of US, here is a quote from USCIS:
http://uscis.gov/graphics/services/emergency/index.htm


Caution

Due to recent changes to U.S. immigration law, travel outside of the United States may have severe consequences for aliens who are in the process of adjusting their status, extending their nonimmigrant stay, or changing their nonimmigrant status. Upon return, these aliens may be found inadmissible, their applications may be denied, or both. It is important that the alien obtain the proper documentation before leaving the U.S.

Admission into the U.S. is not guaranteed. In all cases, the alien is still subject to immigration inspection at a port of entry to determine whether the alien is admissible into the country.
Unlawful Presence
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods may be barred from admission, even if they have obtained Advance Parole. Those aliens unlawfully present in the United States for more than 180 days but less than one year and depart voluntarily before the start of removal proceedings are inadmissible for three years; those who are unlawfully present for one year or more are inadmissible for ten years.

Aliens who have concerns about admissibility should contact an immigration attorney or an immigrant assistance organization accredited by the Board of Immigration Appeals before making foreign travel plans.
Click to expand...
 
Read carefully, only the period asylum application pending is exempted.

(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.
 
So unlawful presence won't count against me as my case was pending and as I have never worked with out an authorization.

Correct
 
eddie_240 said:
So unlawful presence won't count against me as my case was pending and as I have never worked with out an authorization.

Correct
Click to expand...

I am doubting that asylees can be inadmissiable because of that reason. First of all just imagine where would IO officer send them? Back to the country of origin where they claim to be under presecution? Not very humanitarian actions... Secondly they already obtained RTD which is quite a strong document ( except the fact that some IO never saw it :) ) Finally, I remeber that some guys in this forum shared their experience when they had no problems with admission even though they stayed for more than 180 days illigaly within the U.S.
 
a dead thread now lol...but did any one of you travelled since with an RTD without a green card and with a previous unlawful presence of more than 180 days?

I am a bout to do the same thing but need some ecouragement lol...
 
fat_face said:
a dead thread now lol...but did any one of you travelled since with an RTD without a green card and with a previous unlawful presence of more than 180 days?

I am a bout to do the same thing but need some ecouragement lol...
Click to expand...


This is what the USCIS manual says. It is very clear answer for your question and you should read it very careful and think twice if you plan to travel with RTD/ no GC

(C) Travel on a Valid Refugee Travel Document Issued pursuant to Section 208(c)(1)(C) of the Act and 8 CFR 223

An asylee who had accrued more than 180 days of unlawful presence time prior to having filed the bona fide asylum application, will trigger the bar to admission, if he or she departs the United States while traveling on a valid refugee travel document. When the asylee presents the travel document at a port of entry, he or she can be permitted to reenter the United States to resume status as an asylee; however, the asylee will be inadmissible when he or she applies to adjust status to lawful permanent reside nt, and a waiver would be required at that time.
 
assylum said:
This is what the USCIS manual says. It is very clear answer for your question and you should read it very careful and think twice if you plan to travel with RTD/ no GC

(C) Travel on a Valid Refugee Travel Document Issued pursuant to Section 208(c)(1)(C) of the Act and 8 CFR 223

An asylee who had accrued more than 180 days of unlawful presence time prior to having filed the bona fide asylum application, will trigger the bar to admission, if he or she departs the United States while traveling on a valid refugee travel document. When the asylee presents the travel document at a port of entry, he or she can be permitted to reenter the United States to resume status as an asylee; however, the asylee will be inadmissible when he or she applies to adjust status to lawful permanent reside nt, and a waiver would be required at that time.
Click to expand...

Correct , i would need a waiver for i485 then as i would need it now regardless of whether i travel or not on an RTD right? But that's not the point here though. Barring any criminal record or return of the Asylee to COP, i could hardly see how and why would CBP deport an Asylee back to his/her COP when he/she was granted protection from that country in the first place?
 
fat_face said:
Correct , i would need a waiver for i485 then as i would need it now regardless of whether i travel or not on an RTD right? But that's not the point here though. Barring any criminal record or return of the Asylee to COP, i could hardly see how and why would CBP deport an Asylee back to his/her COP when he/she was granted protection from that country in the first place?
Click to expand...

You are wrong. You don't need a waiver for unlawful presence if you have never left the countery even if you were illegal for more than 180 days.

You will need a waiver only if you leave the country. In this case, your I-485 process might take longer.

By the way, you will be able to return with RTD but you will be inadmissible when you apply for I-485
 
Last edited by a moderator:
Her is my experience:

I came to the US illegally. Stayed in the US illegally for 4 years. Held summer jobs without authorization to work. See my signature for timeline.

Last year I traveled with RTD while my I-485 was pending, so no GC. Had no trouble coming back to the US.
 
scully51 said:
Her is my experience:

I came to the US illegally. Stayed in the US illegally for 4 years. Held summer jobs without authorization to work. See my signature for timeline.

Last year I traveled with RTD while my I-485 was pending, so no GC. Had no trouble coming back to the US.
Click to expand...

According to your signature, you had no unlawful presence. 212(a)(9)(b) doesn't apply to you. You had different experience.

Once again, asylees with RTD/no GC are allowed to re-enter the US as long as the RTD is still valid and no major inadmissibility bar
Those who triggered the 212(a)(9)(b) will also be able to re-enter the US but the will need a waiver when their I-485 is adjudicated. Waivers for asylees and refugees might be granted based on humanitarian reasons. Waiver application is not required unless the I-485 adjudicator asks for it.

I hope my answer is clear.
 
Assylum,

You're right my signature doesn't really demonstrates my out of status time.

I entered the US illegally in 1994
Got my first EAD in 1998

For four years I didn't have a legal status and worked the summers without a permit.

Hope this clarifies a bit!
 
scully51 said:
Assylum,

You're right my signature doesn't really demonstrates my out of status time.

I entered the US illegally in 1994
Got my first EAD in 1998

For four years I didn't have a legal status and worked the summers without a permit.

Hope this clarifies a bit!
Click to expand...

Were u under 18 during out of status time? If so, then that does not count towards illegal presence. Maybe that's what Assylum meant.
 
I turned 18 in 1997 (giving my age away!) gives me a year of illegal presence, right?, I recall getting the little card well after my 19th bday.

In anycase, if my case is completely different, I'm sorry was trying to help.

I know these things can be confusing as heck for all of us. I can't wait for 2013 when i'll be able to just be a regular ol' US CITIZEN.
 
scully51 said:
I turned 18 in 1997 (giving my age away!) gives me a year of illegal presence, right?, I recall getting the little card well after my 19th bday.

In anycase, if my case is completely different, I'm sorry was trying to help.

I know these things can be confusing as heck for all of us. I can't wait for 2013 when i'll be able to just be a regular ol' US CITIZEN.
Click to expand...

Scully,

What is you Residence since date on your card? Did they properly backdate it?
 
a little off the topic but can you pay the fee for RTD with two money orders? Had someone who paid the new RTD fee of $135 plus $85 for biometrics with 2 money orders. The status online says the Biometrics fee has been accepted and you have been mailed a notice. I was just wondering if they misplaced the money order for the application fee, or is it just normal? Of course, will have to wait what the written notice says or i797 says...Assylum? :p
 
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